Showing : 1-10 of 53 Results

Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to prove his presence before office of Sub-Registrar on stipulated date - Readiness and willingness on the part of plaintiff not proved - Dismissal of suit despite admission of vendors with regard to execution of agreement to..........

Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of..........

Specific Relief Act, 1963, Section 34, 20-- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000..........

Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot..........

Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Execution - Proof - Admission of signing a blank cheque leaf - Accused did not admit that he received any amount from the complainant or that he issued the cheque to the complainant - Held, complainant is bound to adduce evidence to prove execution of cheque...........

Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100-- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale deed and in..........

Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........

Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge..........